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6 minutes ago, BV80 said:

@smitty009

If you scroll over Happy's name, you can put him on "ignore".

Thank you, please do....This may very well be the best advice ever posted in these forums.

Constant comments from trolls is one of the top reasons quality members stop posting when they could actually help. It really doesn't take  that much time to help people with what you already know (or point them where to research), it's dealing with all the delays from the useless information and bachground noise from worthless members.

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1 hour ago, smitty009 said:

just shut the hell up and go away. DO NOT  HELP ME ANYMORE.

Well said.

I think it carries more weight when it comes from the people they are supposedly trying to "help" and they can see that the OP's feels this way as well.

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On ‎5‎/‎4‎/‎2016 at 2:14 PM, Anon Amos said:

15 days may be cutting it close, but you need to see what your local rules say. I believe the CA Rules of court (and most local rules you have to serve them 10 days notice + 5 for mailing ) so you send your motion you filed with the court at least 15 days prior the hearing date. You can send it to them sooner, but you can't be later than the 15 days. I always sent them 20 days prior to the motion hearing date and made sure the court had ne on calendar to appear (it sounds like you have done most of this)

read your local rule sand see if you are on the "tentative ruling system" and see what it says

Use your head.

Could there possibly be time for service of motion, memorandum in opposition, and reply to opposition, all via first class mail, within 15 days?

The answer is no, that doesn't even make sense.

As I showed above, when you actually look at the rules, 30 days is a reasonable minimum.

Clearly, as I suggested, serving plaintiff the same day as motion filed in court is a good failsafe method.

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Obviously there is something wrong with you other then being a troll. His motion hearing isn't until July, the rest of us are now in May.

Serving the plaintiff the same day as filing is a good safe method but it wasn't what happened nor was it an option at the time. The OP has been saying all along he is going to serve it ASAP and explained the reasoning behind it. Give it a rest already.

Oppositions and replies to them don't all have to be filed within  the next15 days. A notice of a motion hearing and motion must be served at least 15 days prior to the hearing +5 for mail service. I told him he had to serve 20 days prior to the mtc  motion hearing at the latest.

You were asked by the OP to leave his thread, why don't you do so? Get a hobby.

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8 minutes ago, Anon Amos said:

Obviously there is something wrong with you other then being a troll. His motion hearing isn't until July, the rest of us are now in May.

Serving the plaintiff the same day as filing is a good safe method but it wasn't what happened nor was it an option at the time. The OP has been saying all along he is going to serve it ASAP and explained the reasoning behind it. Give it a rest already.

Oppositions and replies to them don't all have to be filed within  the next15 days. A notice of a motion hearing and motion must be served at least 15 days prior to the hearing +5 for mail service. I told him he had to serve 20 days prior to the mtc  motion hearing at the latest.

You were asked by the OP to leave his thread, why don't you do so? Get a hobby.

So now it's 20 days.

I thought it was 15.

Neither is correct. And the precise number of days depends on the details of court v. weekend/holiday days.

 

 

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I have a question about highlighting. I have looked in the local rules and the ca rules of court and don't see anything pertaining to highlighting of documents. I want to highlight the passages of the CC agreement ( yes, I finally got it copied, yeah! ) that I am quoting in the MTC and am using orange . Is that O.K. ? Probably a stupid question but don't want to wreck my chances for something minor. Oh, and I hate to say this and reopen any  wounds, I'll be filing the papers on Monday. 

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My local rules say no highlighting of anything due to its possible effect on scanning and copying, and for that reason I never highlighted.  I doubt any issue will come of it, but personally I wouldn't, and if I did; I would use a yellow highlighter. Again, I doubt anything will come of it (but I can't recall ever seeing it done), the main thing is to get it filed and served on plaintiff.

I don't think people harbor any sore feelings or wounds here, it is very common to have to weed the trolls out of the threads. They usually aren't that persistent and disappear in the first few pages, as they really aren't trying to help anyone.

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  • 2 weeks later...
On 4/28/2016 at 4:42 PM, skippy1960 said:

 

The quickest way to derail the arbitration possibility is to make another filing, forcing you to answer, thus a MSJ.  By Civil Procedure code 437 a MSJ requires 75 days notice, that is why the hearing is set for July.

I see according to Code 437c that an MSJ requires 75 days notice.  Is this 75 court days plus 5 days for mailing for a total of 80 court days ?? If so, I am counting 69 days between the date of plaintiff's proof of service and MSJ hearing date. Could someone please tell me this is true. 

Another question. Should I start a new thread since being late for an answer for RFAs is no longer a concern. Maybe having to do with the MSJ instead ?  Like "Answering MSJ from Cap 1" or something like that ? Just wondering.

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I think the code is always specific when it wants something done according to court days. If it's not specified as such, then you should take it to mean calendar days.

You can always rename your thread (I think). IMO it's useful to have all the info related to your case in one thread.

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7 hours ago, RyanEX said:

I think the code is always specific when it wants something done according to court days. If it's not specified as such, then you should take it to mean calendar days.

 

Thanks for the response RyanEX.  Too bad it's not the response that I was hoping. I was excited there for a minute.

After reading up on opposing MSJs I think I may have a case involving the negotiated settlement that might just muddy the waters enough, plus I did not receive all my bills as they have the wrong address. They misspelled it and would not correct it when I asked them to and also they seem to have kept the account open by saying that I was making small payments for 4-6 months after I had stopped paying them. I have to go over my bank statements versus their statements to see what was exactly happening. Anyway, thanks again for the answer.

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Help !!  Have been spending the last few days reading over the MSJ and looking around and I think I have a couple of possible discrepancies to work with: 

1. Their billing records start in 2011, not 2007 when account started, though that was when the balance went way up.

2. Their records just go from their regular billing when I stopped paying, to them making $39 payments on my account (they called it a hardship courtesy fee waiver) and charging me on the bills for the $39 + the fees and interest for that month,  totaling over $350/mo. That goes on for 6 months or so. Between the time I quit paying  and when they closed the account, it went up almost $3500 in the last 6 months from just the fees and interest. Is this normal ? Better yet, is it acceptable?

3. They don't even mention the other lawyer or the negotiated settlement in the MSJ. The balance just goes from what the last normal bill shows and goes mysteriously down $1300 (what I must have paid on the settlement) without any explanation other than "credits since the last statement". One sentence at the end of the 6 page declaration.

4. They had the wrong name of street since I moved in 2011 or so. I called numerous times to get it corrected with no luck. I did not receive all of my bills, I put them on automatic payments so I would not forget to pay them back then. I don't know if this a legitimate argument although it is true and backed up by the bills themselves. Even their summons had the wrong street name. Similar but wrong.

I've tried to start the oppo to the MSJ and can't quite figure out how it should look. Is there a website where I can find something similar ? I've looked on google and can only find cases that are for things like concerts and harassment and they just don't look similar or correct for that matter.  I've looked on here and don't see anything close. I know that someone on here must of done something similar that I could use for a template. Where do I look ?   I don't mind looking if I knew  where. Is there a website for different lawsuits ?    Getting frustrated.                

Another question that came to my mind as was looking thru CIC for something similar:  Should I go to JAMS and put a deposit down for arbitration to show I'm serious about it for my MTC ?  I understand that it is not refundable if the court finds against the MTC so I hesitate to do so unless you  think it might help win it for me.             Help !!

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OMG !! I have been looking for days all over the place for help and all this time it was right in front of me under "is there a Lawyer.." in one of the sub-catagories that I never even noticed !

I feel like such an idiot !! Talk about forest for the trees. Do I ever feel stupid now.

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I have  one or two probably dumb questions pertaining to doing the MOSJ in my case. The first is in reading their MSJ  I see a form called a Notice of motion and motion for MSJ that just has the notice ( 1 and 1/2 pages), a POA in support of MSJ ( 7 pages ), a separate statement of undisputed facts in support of MSJ ( 4 pages ), a declaration of plaintiff in support of MSJ (6 pages), a Summary Judgment to be signed by the judge (1 and 1/2 page ) and  an order for SJ to be signed by the judge( 1 page), a memo of costs ( 4 pages ), and their exhibits ( one million pages). But what I don't see is an actual Motion for the MSJ. On my MTC there was an actual motion that was 4 pages long stating so clearly on a cover page and at the bottom of each page. Am I missing something or does one of these constitute or replace the actual motion ?? And now  looking back at their motion to make the RFAs deemed they didn't have an actual motion there either.

Second dumb question: All through answering the MOSJ  with " not having the knowledge or info sufficient to form a belief as to truth of the allegations" and sentences of equal non commitment, how  do I then put my evidence before the court ( which are statements for the settlement payments for the same account to a different attorneys office ) with a force of commitment or knowledge of the account??  

Thanks for any help. This is sure hard to figure out. I hate being this helpless. 

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5 hours ago, smitty009 said:

I have  one or two probably dumb questions pertaining to doing the MOSJ in my case. The first is in reading their MSJ  I see a form called a Notice of motion and motion for MSJ that just has the notice ( 1 and 1/2 pages), a POA in support of MSJ ( 7 pages ), a separate statement of undisputed facts in support of MSJ ( 4 pages ), a declaration of plaintiff in support of MSJ (6 pages), a Summary Judgment to be signed by the judge (1 and 1/2 page ) and  an order for SJ to be signed by the judge( 1 page), a memo of costs ( 4 pages ), and their exhibits ( one million pages). But what I don't see is an actual Motion for the MSJ. On my MTC there was an actual motion that was 4 pages long stating so clearly on a cover page and at the bottom of each page. Am I missing something or does one of these constitute or replace the actual motion ?? And now  looking back at their motion to make the RFAs deemed they didn't have an actual motion there either.

 

I would just concentrate on the statement of undisputed facts and come up with some disputed facts and draw question to what they are saying here, which shows that you have some disputed and trialable issues, and that the case needs to be heard in court

5 hours ago, smitty009 said:

 

 

Second dumb question: All through answering the MOSJ  with " not having the knowledge or info sufficient to form a belief as to truth of the allegations" and sentences of equal non commitment, how  do I then put my evidence before the court

 

This is not how you answer an msj. You have to oppose at least 1 thing they are saying in the statement of material facts and show you have issue with it and that the case needs to go to trial. Evidence is not weighed in an msj, only at trial. In am msj they are saying there is nothing disputed and that there are no issues of material fact and no reason to go trial because you agree with this and have no issues otherwise.

Any evidence you may have or dispute can be introduced or objected to at trial. You don't argue the case at an msj, you just have to show that there is an argument (that needs to be heard at a trial), then you will defeat the msj and get a trial date. You don't have to prove anything or beat their case here, you just have to show that there are materials issues that need to be settled at trial.

5 hours ago, smitty009 said:

 

 

 

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4 minutes ago, Anon Amos said:

I would just concentrate on the statement of undisputed facts and come up with some disputed facts and draw question to what they are saying here, which shows that you have some disputed and trialable issues, and that the case needs to be heard in court

This is not how you answer an msj. You have to oppose at least 1 thing they are saying in the statement of material facts and show you have issue with it and that the case needs to go to trial. Evidence is not weighed in an msj, only at trial. In am msj they are saying there is nothing disputed and that there are no issues of material fact and no reason to go trial because you agree with this and have no issues otherwise.

Any evidence you may have or dispute can be introduced or objected to at trial. You don't argue the case at an msj, you just have to show that there is an argument (that needs to be heard at a trial), then you will defeat the msj and get a trial date. You don't have to prove anything or beat their case here, you just have to show that there are materials issues that need to be settled at trial.

 

Thanks for the response Anon Amos.  

Sooo, I thought I had to answer every statement in their declaration with my own declaration  and their  facts one by one with either disputed or not disputed. I can just put undisputed next to every statement except for the ones that I oppose.  Won't that come back to me later if I'm on record agreeing with everything ? Just agree with every statement other than the balance owed going down $1300 with no explanation from their witness or rather bring it up since they don't mention it  ? And maybe the address being wrong. But admit I know about the account? I thought I needed to avoid that. Wow, that would be so much easier. I guess it's obvious I have no idea what I'm doing.

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2 hours ago, Anon Amos said:

I would just concentrate on the statement of undisputed facts and come up with some disputed facts and draw question to what they are saying here, which shows that you have some disputed and trialable issues, and that the case needs to be heard in court

This is not how you answer an msj. You have to oppose at least 1 thing they are saying in the statement of material facts and show you have issue with it and that the case needs to go to trial. Evidence is not weighed in an msj, only at trial. In am msj they are saying there is nothing disputed and that there are no issues of material fact and no reason to go trial because you agree with this and have no issues otherwise.

Any evidence you may have or dispute can be introduced or objected to at trial. You don't argue the case at an msj, you just have to show that there is an argument (that needs to be heard at a trial), then you will defeat the msj and get a trial date. You don't have to prove anything or beat their case here, you just have to show that there are materials issues that need to be settled at trial.

 

AnonAmos  

OK, I've answered every undisputed fact. It turns out that I do dispute 7 out of the 11 facts anyway ( mostly because they have to do with the billing and I rarely got them ) but I see that CCP 437 says " Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion."  Can I refer to the address on the billing statements plaintiff filed for the billing  disputes reference?  And, do I use the actual statements that I got  from the 1st lawyer as an evidence exhibit for the negotiiated settlement . Do I  also do a Declaration and POA ? Or do I just put everything into the Oppostion to MSJ ?  Sorry for so many questions but I don't want to waste more time doing something that doesn't need done.

Thanks for all the help, I really appreciate it!

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2 hours ago, smitty009 said:

Thanks for the response Anon Amos.  

Sooo, I thought I had to answer every statement in their declaration with my own declaration  and their  facts one by one with either disputed or not disputed. I can just put undisputed next to every statement except for the ones that I oppose.  Won't that come back to me later if I'm on record agreeing with everything ? Just agree with every statement other than the balance owed going down $1300 with no explanation from their witness or rather bring it up since they don't mention it  ? And maybe the address being wrong. But admit I know about the account? I thought I needed to avoid that. Wow, that would be so much easier. I guess it's obvious I have no idea what I'm doing.

You can use what they gave you as a template and oppose what they are saying in the statement of facts. Read CA Rules of Court 3.1350. It tells you what you have to do and file for an opposition to msj  and also how to submit supporting evidence as you were asking about earlier. There's a lot of paper work and you have to come up with some issues.

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13 hours ago, smitty009 said:

AnonAmos  

OK, I've answered every undisputed fact. It turns out that I do dispute 7 out of the 11 facts anyway ( mostly because they have to do with the billing and I rarely got them )

Very good. List as many as you can get. These are the "material fact" and "triable issues" that plaintiff claims don't exist.

13 hours ago, smitty009 said:

but I see that CCP 437 says " Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion."  Can I refer to the address on the billing statements plaintiff filed for the billing  disputes reference?

Yes. Use whatever you can and mention and list it as an exhibit.

13 hours ago, smitty009 said:

 And, do I use the actual statements that I got  from the 1st lawyer as an evidence exhibit for the negotiiated settlement .

Use as much supporting documents as you have

13 hours ago, smitty009 said:

Do I  also do a Declaration and POA ? Or do I just put everything into the Oppostion to MSJ ?  Sorry for so many questions but I don't want to waste more time doing something that doesn't need done.

Read the rule several times and also use their msj as a template. You need separate declaration etc. It's in the rule and you can see how they did theirs. Your opposition will look like their msj, only it will be an opposition to an msj. It's not a simple task and you need to get it correct. Read all their stuff, the rules, and look for some examples online possibly.

13 hours ago, smitty009 said:

Thanks for all the help, I really appreciate it!

 

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16 hours ago, Anon Amos said:

You can use what they gave you as a template and oppose what they are saying in the statement of facts. Read CA Rules of Court 3.1350. It tells you what you have to do and file for an opposition to msj  and also how to submit supporting evidence as

CC has the wrong address on 25 statements. I called numerous times to correct without success but how do I submit supporting evidence of a phone call ? It would need to be a letter, wouldn't it ? I may have a copy or 2 somewhere but where ? ( it has been 5 years ) 

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20 minutes ago, kraftykrab said:

How far off is the address on the statements?  Is it very similar to your actual address or is it far enough off that it would look like they were actually sending those to someone else?

Thanks for the response,    For example one would be  Galomar Dr. and the other is Galmore Dr.

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4 hours ago, smitty009 said:

CC has the wrong address on 25 statements. I called numerous times to correct without success but how do I submit supporting evidence of a phone call ? It would need to be a letter, wouldn't it ? I may have a copy or 2 somewhere but where ? ( it has been 5 years ) 

It's the statements you would submit, not proof of phone calls. However, you could compile a list of dates and times of when you made the calls and any notes of who you spoke to and submit that as well.

You need something stronger as well. The dollar amount is incorrect, something they say in the statement of facts is completely false, you made several payments that were not noted, etc. It's not easy when it's an original creditor suing you, but you are going to have to come up with a good reason why this case should go to trial. 

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  • 3 weeks later...

Thanks so much for all the help so far!!

OK, I've been working on it and I think I have a pretty good MOSJ ready for July.

I have a few days or so ( july 1) till my MTC comes up for arb on the same case and I want to answer their opposition to same. They say " Defendant fails to connect his purported Exhibit #A (the 2005 credit card agreement) to relate in any way to his credit card account that is the subject of the instant action." How do I "connect it to relate" ?? They also say that they sent a reminder of a change of agreement and show something that you would need a microscope to read. I tried 2 pairs of reading glasses and only got a headache. I still can't tell what it is.

Most important is legally introducing the 2005 agreement and tie it to the account. What do I use ??

Or, does anyone have any other ideas ??

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